STEEL KUMAR VIJAY Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) Petitioner has filed this writ petition seeking a writ of certiorari for quashing the order of cancellation and eviction No.917/1861/85 dated 5.9.85 received on 7.8.97 and case No.44/125/88/EO dt.25.5.88 passed on 24.7.97. Petitioner also challenges the order dated 23.9.98, passed by the Additional District Judge dismissing the appeal against the order passed by the Estate Officer.

(2.) Petitioner had been allotted Shop No.4, CSC Netaji Nagar Market, New Delhi. Allotment was for the trade of sale and repair of watches etc. Licence was renewed from time to time and the last renewal expired on 9.10.84. The petitioner was offered by the NDMC renewal of the licence for a. further period subject to enhancement in the licence fee by 30%. Petitioner did not avail of the said offer . Upon expiry of the licence period the petitioner became an unauthorised occupant. Petitioner has been in arrears of licence fee. Proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, (hereinafter referred to as "the Act") was initiated and a consolidated order under Sections 5 and 7 of the Act was passed. The Estate Officer also assessed the damages @ Rs,502/- p.m., which was less than evidence of market value as adduced by the respondents.

(3.) Petitioners claim that no notice under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act was served upon the appellant has no factual foundation. The Additional District Judge has duly noticed in its judgement that petitioner has accepted the receipt of notice under Section 4(1) pursuant to which he also participated in the proceedings. No ground is made out for interference in the exercise of writ jurisdiction.